Kura Linga Raju Alias Durga v. The State of Andhra Pradesh
CRLP/7529/2025 · 2025-07-31
Y Lakshmana Rao
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 25845 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25845 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
^APHCOI0364812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7529 OF 2025 Between: Kura Linga Raju Alias Durga, S/o Yerrayya (Late) Aged 25 Years C/St Koya Toguru Village Kalimela Mandal Malkangiri District. Odisha State. ...Petitioner/Accused A-5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent Petition under Section 480 & 483 of Cr.P.C of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to release the petitioners on bail in on Cr.No 60/2017 Chinturu Station. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Petitioner and of the Additional Public Prosecutor on behalf of the Respondent. The Court made the following Order:
APHC010364812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7529/209.^ Between:
KURA LINGA RAJU ALIAS DURGA, S/0 YERRAYYA (LATE) AGED YEARS C/ST KOYA TOGURU VILLAGE MALKANGIRI DISTRICT. ODISHA STATE 25 KALIMELA MANDAL ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, Court of Judicature of Andhra Pradesh at Amaravati. High ...RESPONDENT/COMPLAINANT of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to release the on Cr.No 60/2017 Chinturu station and Counsel for the Petitioner/accused:
KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR Petition under Section 437/438/439/482 of Cr.P.C and 528 petitioners on bail in pass
Ik Dr. YLR, J Crl.P.No.7529of2025 Dated 01.08.2025 The Court made the following:
ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.5 for granting of bail in connection with Crime No.60 of 2017 of Chinturu Police Station, East Godavari District, registered for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. The case of the prosecution is that on 12.10.2017 at about 14:00 hours, within Chinturu Police Station limits, at Kuyuguru Bridge, Accused Nos.1 to 5 were apprehended while transporting ganja in violation of the NDPS Act. Upon search, 135 Kgs of ganja (in 9 plastic gunny bags), valued at ?2,70,000/-, was seized along with a Maruti Suzuki car (Reg. No. AP 28 BN 7554) and vehicle records. The seizure was made in the presence of a Gazetted Officer and mediators under a mediators' report. X
3. Heard Ms.K.Parvathi Devi, learned counsel for the petitioner and learned Assistant Public Prosecutor.
4.
Learned counsel for the petitioner submits that the petitioner has been suffering from vercose veins. The petitioner is age^ about 25
Dr. YLR, J Crl.P.No.7529 of 2025 Dated 01.08.2025 years, no documentary proof of filed to establish that he is suffering from health problems.
5. As seen from the record, the petitioner was arrested and produced on execution of Non-Bailable-Warrant on
07.05.2025. The petitioner failed to attend before the learned Trial Court from 26.06.2019 onwards. Therefore, the learned Trial Court was constrained to issue Non- Bailable-Warrant. The petitioner was allegedly involved in possession and transportation of 135 kgs of ganja along with other accused. The learned Trial Court has issued a schedule for commencing the trial from 07.08.2025 onwards. The case is of the year 2017. There are no merits in the petition and hence, the criminal petition is liable to be dismissed.
6. Accordingly, the Criminal Petition is dismissed. The learned Trial Court is directed to take up the trial and complete it, as early as possible, preferably within a period of six(06) months from this date.
Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Judicial Magistrate of First Class, Rampachodavaram.
2. The I Additional District and Sessions Judge, at Rajahmundry.
3. The Superintendent, Central Prison, Rajahmundry.
4. The Station House Officer, Chinturu District.
5. One CC to Kopisetti Parvathi Dev, Advocate.fOPUC]
6. Two CCs to the Public prosecutor, High Court of Andhra
7. Two CD Copies Police Station, East Godavari Pradesh. vna
high court DATED;01/08/2025
ORDER CRLP NO. 7529 OF 2025 DISMISSING THE CRIMINAL petition